The Employment and Support Allowance Regulations (Northern Ireland) 2008

• (b) any premises or land which the claimant continues to occupy as the home and which were occupied by the claimant as the home immediately before the compulsory acquisition of those premises or land from the claimant under any statutory provision,

which is to be used for the purchase of other premises or land intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises or land occupied in whole or in part by—

• (a) a partner or relative of a single claimant or any member of the family as the home where that person has attained the qualifying age for state pension credit or is incapacitated;

• (b) the former partner of a claimant as the home; but this provision is not to apply where the former partner is a person from whom the claimant is estranged or divorced or with whom the person formed a civil partnership that has been dissolved.

5

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following the claimant’s estrangement or divorce from, or dissolution of the claimant’s civil partnership with, the claimant’s former partner, that dwelling for a period of 26 weeks from the date on which the claimant ceased to occupy that dwelling or, where that dwelling is occupied as the home by the former partner who is a lone parent or a person who has no partner and who is responsible for and a member of the same household as a young person, , for as long as it is so occupied.

6

Any premises or land where the claimant is taking reasonable steps to dispose of those premises or that land, for a period of 26 weeks from the date on which the claimant first took such steps, or such longer period as is reasonable in the circumstances to enable the claimant to dispose of those premises or land.

7

Any premises or land which the claimant intends to occupy as the home, and in respect of which that claimant is taking steps to obtain possession and has sought legal advice or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which the claimant first sought such advice or first commenced such proceedings whichever is earlier, or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of those premises or land.

8

Any premises or land which the claimant intends to occupy as the home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.

9

Any future interest in property of any kind, other than premises or land in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

10

• (1) The assets of any business owned in whole or in part by the claimant and for the purposes of which that claimant is engaged as a self-employed earner or, if the claimant has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

• (2) The assets of any business owned in whole or in part by the claimant where that claimant—

• (a) is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

• (b) intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as the claimant recovers or is able to become engaged, or re-engaged, in that business,

for a period of 26 weeks from the date on which the claim for an income-related allowance is made, or is treated as made, or, if it is unreasonable to expect the claimant to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable the claimant to become so engaged or re-engaged.

• (3) In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

• (4) In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

11

• (1) Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

• (a) any payment specified in paragraph 8, 10, 11, 62, 67 or 68 of Schedule 8 (other income to be disregarded);

• (b) an income-related allowance, an income-related benefit or an income-based jobseeker’s allowance , universal credit , child tax credit or working tax credit;

• (c) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001,

• (d) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.

• (e) maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),

• (2) In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances, amounts to £5,000 or more (referred to in this sub-paragraph and sub-paragraph (3) as the “relevant sum”) and is—

• (a) paid in order to rectify, or to compensate for—

• (i) an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or

• (ii) an error on a point of law; and

• (b) received by the claimant in full on or after 14th October 2001,

sub-paragraph (1) is to have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-related allowance, for the remainder of that award if that is a longer period.

• (3) For the purposes of sub-paragraph (2), “the award of an income-related allowance” means—

• (a) the award either of an income-related allowance, income support , universal credit or of an income-based jobseeker’s allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received; and

• (b) where that award is followed by one or more further awards which in each case may be either of an income-related allowance, income support , universal credit or of an income-based jobseeker’s allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant—

• (i) is the person who received the relevant sum,

• (ii) is the partner of the person who received the relevant sum, or was that person’s partner at the date of that person’s death, ...

• (iii) in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum ; or

• (iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum

• (4) In sub-paragraph (3)(b) “joint-claim couple” and “joint-claim jobseeker’s allowance” have the meanings given by Article 2(2) of the Jobseekers Order[^f00213].

12

Any sum—

• (a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement; or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

and which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

13

Any sum—

• (a) deposited with a housing association as a condition of occupying the home;

• (b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

14

Any personal possessions except those which had or have been acquired by the claimant with the intention of reducing that claimant’s capital in order to secure entitlement to an employment and support allowance, a jobseeker’s allowance or income support or to increase the amount of those benefits.

15

The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

16

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

17

• (1) Subject to sub-paragraph (2), any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

• (2) Sub-paragraph (1)—

• (a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

• (b) does not apply to any subsequent payment made to the claimant in consequence of that injury (whether it is made by the same person or another);

• (c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

• (d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

• (3) For the purpose of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

18

The value of the right to receive any income under a life interest.

19

The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 7 or paragraph 23 of Schedule 8 (earnings or other income to be disregarded).

20

The surrender value of any policy of life insurance.

21

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

22

• (1) Any payment made by an authority under Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).

• (2) Subject to sub-paragraph (3), any payment (or part of a payment) made by an authority under Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

• (3) Sub-paragraph (2) only applies where A—

• (a) was formerly in the claimant’s care,

• (b) is aged 18 or over, and

• (c) continues to live with the claimant.

• (4) In this paragraph “authority” has the meaning given by Article 2 of the Children Order.

23

Any social fund payment made pursuant to Part 8 of the Contributions and Benefits Act.

24

Any refund of tax which falls to be deducted under section 369 of the Taxes Act (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.

25

Any capital which under regulation 105 or 137 (capital treated as income or treatment of student loans) is to be treated as income.

26

Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

27

• (1) Any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust , MFET Limited , the Independent Living Fund (2006), the Skipton Fund , the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

• (1A) Any Grenfell Tower payment , a child abuse payment or a Windrush payment , Post Office compensation payment , vaccine damage payment , LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment or any payment made under the Child Migrants Trust (registered charity number 1171479).

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made underor by any of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment , a child abuse payment or , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment , and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom the person is not, or where that person has died was not, estranged or divorced or with whom the person has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under or byany of the Trusts to which sub-paragraph (1) refers , or from a Grenfell Tower payment, a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment,and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or

• (c) any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under or byany of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment, a child abuse payment , a Windrush payment, a Post Office compensation payment, a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, , where—

• (a) that person has no partner or former partner from whom the person is not estranged or divorced or with whom the person has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a full-time student who has not completed full-time education and had no parent or step-parent, to that person’s guardian,

but only for a period from the date of the payment until the end of 2 years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under or byany of the Trusts to which sub-paragraph (1) refers, or from a Grenfell Tower payment, a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment, , where—

• (a) that person at the date of the person’s death (“the relevant date”) had no partner or former partner from whom the person was not estranged or divorced or with whom the person had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of that person’s family; and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a full-time student who had not completed full-time education and had no parent or step-parent, to that person’s guardian,

but only for a period of 2 years from the relevant date.

• (5A) Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

• (5B) Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts or from a Grenfell Tower payment , a child abuse payment, a Windrush payment, a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment .

• (7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts is to be construed as including a reference to the Fund, the Eileen Trust , MFET Limited , the Skipton Fund , the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

28

The value of the right to receive an occupational or personal pension.

29

The value of any funds held under a personal pension scheme.

30

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

31

Any payment in kind which is a Grenfell Tower payment , a child abuse payment or a Windrush payment or is made by a charity or under the Macfarlane Trust, Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme or the Independent Living Fund (2006).

32

Any payment made pursuant to section 1 of the Employment and Training Act[^f00214] but only for the period of 52 weeks beginning on the date of receipt of the payment.

33

Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.

34

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

35

Any payment in consequence of a reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax) or, but only for a period of 52 weeks from the date of the receipt of the payment.

36

Any grant made in Great Britain to the claimant in accordance with a scheme under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988[^f00215] (schemes for payments to assist local housing authorities and local authority tenants to obtain other accommodation) which is to be used—

• (a) to purchase premises intended for occupation as the claimant’s home; or

• (b) to carry out repairs or alterations which are required to render premises fit for occupation as the claimant’s home,

for a period of 26 weeks from the date on which the claimant received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as the claimant’s home.

37

• (1) Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

• (2) Any payment or repayment by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of the receipt of the payment or repayment.

38

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins) but only for a period of 52 weeks from the date of receipt of the payment.

39

Any payment made under a scheme established by the Secretary of State to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.

40

Any arrears of supplementary pension which is disregarded under paragraph 48 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 50 or 51 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

41

Any payment (other than a training allowance) made under the Disabled Persons (Employment) Act to assist disabled persons to obtain or retain employment despite their disability.

42

• (1) Any sum to which sub-paragraph (2) applies and—

• (a) which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00216] or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981[^f00217] or Article 21 of the County Courts (Northern Ireland) Order 1980[^f00218];

• (b) which can only be disposed of by order or direction of any such court; or

• (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

• (2) This sub-paragraph applies to a sum which is derived from—

• (a) an award of damages for a personal injury to that person; or

• (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

43

Any payment to the claimant as holder of the Victoria Cross or George Cross.

44

In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.

45

• (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

• (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 67(1)(c) or 68(1)(d) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of the claimant’s family, or any water charges for which that claimant or member is liable.

• (3) For the purposes of sub-paragraph (2) “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made.

46

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—

• (a) the claimant;

• (b) the claimant’s partner;

• (c) the claimant’s deceased spouse or deceased civil partner; or

• (d) the claimant’s partner’s deceased spouse or deceased civil partner,

by the Japanese during the Second World War, £10,000.

47

In the case of a person to whom regulation 6(5) of the Income Support Regulations (persons not treated as in remunerative work) applies, the whole of the claimant’s capital.

48

• (1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries Order[^f00219] or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act.

• (2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries Order, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).

49

• (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is—

• (a) a diagnosed person;

• (b) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

• (c) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

• (d) a member of the diagnosed person’s family (other than that person’s partner) or a person who was a member of the diagnosed person’s family (other than that person’s partner) at the date of the diagnosed person’s death.

• (2) Where a trust payment is made to—

• (a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

• (b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending 2 years after that date;

• (c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—

• (i) two years after that date, or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education, or

• (bb) attains the age of 20,

whichever is the latest.

• (3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is—

• (a) the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;

• (b) a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or

• (c) a member of the diagnosed person’s family (other than that person’s partner) or a person who was a member of the diagnosed person’s family (other than that person’s partner) at the date of the diagnosed person’s death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

• (4) Where a payment as referred to in sub-paragraph (3) is made to—

• (a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;

• (b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending 2 years after that date;

• (c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—

• (i) two years after that date, or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education; or

• (bb) attains the age of 20,

whichever is the latest.

• (5) In this paragraph, a reference to a person—

• (a) being the diagnosed person’s partner;

• (b) being a member of the diagnosed person’s family; or

• (c) acting in the place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital on that date.

• (6) In this paragraph—

• “diagnosed person” means a person who has been diagnosed as suffering from, or who, after that person’s death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

• “relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

• “trust payment” means a payment under a relevant trust.

50

The amount of a payment, other than a war disablement pension, war widow’s pension or war widower’s pension , to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or deceased civil partner or the claimant’s partner’s deceased spouse or deceased civil partner—

• (a) was a slave labourer or a forced labourer;

• (b) had suffered property loss or had suffered personal injury; or

• (c) was a parent of a child who had died,

during the Second World War.

51

• (1) Any payment made by the Housing Executive to or on behalf of the claimant or the claimant’s partner relating to a service which is provided to develop or sustain the capacity of the claimant or the claimant’s partner to live independently in the claimant’s or the claimant’s partner’s accommodation.

52

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002[^f00221].

53

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002[^f00222].

54

Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989[^f00223] (special guardianship support services).

55

Where an ex-gratia payment has been made by the Secretary of State to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.

Signed

Sealed with the Official Seal of the Department for Social Development on 1st July 2008

John O’Neill — A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for employment and support allowance, consisting of a contributory allowance and an income-related allowance, which will replace incapacity benefit, and income support on the grounds of incapacity.

Part 1 contains provisions relating to the citation, commencement and interpretation of the Regulations and to the rounding of fractions.

Part 2 makes provision for the assessment phase which will normally last for 13 weeks from the start of the claim and which most claimants will be required to serve.

Part 3 deals with conditions of entitlement to the contributory allowance including special provision for young people who are unable to satisfy the contribution conditions.

Part 4 deals with conditions of entitlement to the income-related allowance, dealing in particular with the circumstances in which a claimant is to be treated as receiving or not receiving education.

Part 5 deals with the determination of whether or not a claimant has limited capability for work and the circumstances in which a claimant is to be treated as having or not having limited capability for work in accordance with the assessment set out in Schedule 1.

Part 6 deals with the determination of whether or not a claimant has limited capability for work-related activity and the circumstances in which a claimant is to be treated as having limited capability for work-related activity in accordance with the assessment set out in Schedule 2.

Part 7 provides for the circumstances in which the work a claimant does affects the claimant’s entitlement to employment and support allowance.

Part 8 deals with conditionality. Chapter 1 provides for the requirement to attend work-focused health-related assessments. Chapter 2 provides for the requirement to attend work-focused interviews. Chapter 3 provides for a reduction in employment and support allowance in respect of claimants who do not engage in work-focused health-related assessments or work-focused interviews. Chapter 4 provides for notification under this Part and Chapter 5 provides for the modification of the sections 11(1) and 12(1) of the Welfare Reform Act (Northern Ireland) 2007 (“the Act”) in relation to advance claims.

Part 9 deals with amounts of the allowance. Chapter 1 provides for prescribed amounts which are set out in Schedules 3, 4, and 5. Chapter 2 provides for deductions from the contributory allowance. Chapter 3 deals with the effect of statutory maternity pay, statutory adoption pay and statutory paternity pay on the contributory allowance.

Part 10 deals with the calculation of a claimant’s income and capital. Chapter 1 deals with general provisions. Chapter 2 provides for the calculation of income. Chapter 3 deals with employed earners. Chapter 4 deals with self-employed earners. Chapter 5 deals with participants in the self-employment route. Chapter 6 deals with the calculation of other income. Chapter 7 deals with the calculation of capital. Chapter 8 provides for the treatment of liable relative payments. Chapter 9 deals with the treatment of payments of child support maintenance. Chapter 10 deals with modification of the provisions which apply for purposes of calculating of the income and capital of students. Schedule 6 provides for sums which are to be disregarded in the calculation of earnings. Schedule 7 provides for sums which are to be disregarded in the calculation of income other than earnings. Schedule 8 provides for capital which is to be disregarded.

Part 11 makes supplementary provision. Chapter 1 with miscellaneous provisions, such the number of days at the start of a period of limited capability for work that a claimant must wait a before becoming entitled to employment and support allowance, rules which enable two periods of limited capability for work separated by not more than 12 weeks to be linked together, advance awards and recovery orders. Chapter 2 provides specific rules for “work or training beneficiaries” which extend the normal linking period for certain claimants who leave employment and support allowance for work to 104 weeks. Chapter 3 deals with temporary absence from Northern Ireland. Chapter 4 provides for the circumstances in which a person is to be treated as being or not being a member of the claimant’s household.

Part 12 provides for the circumstances in which a claimant may be disqualified from receiving employment and support allowance and includes provision to deal with the situation where this would cause hardship.

Part 13 provides for cases where a claimant may suffer hardship because income which is not readily available is treated as being possessed by the claimant.

Part 14 provides for the calculation of the amounts payable for entitlement to employment and support allowance for periods of less than a week.

Sections 2(1)(a) and (c) and (4)(a) and (c), 3(1)(c), (2)(b) and (d) and (3), 4(2)(a), (3) and (6)(a) and (c), 5(2) and (3), 8(1) to (3), (4)(a) and (b), (5) and (6), 9(1) to (3) and (4)(a) and (b), 11(1), (2)(a) to (g), (3) to (5), (6)(a) and (7)(c), 12(1), (2)(a) to (h) and (3) to (7), 14(1) and (2)(a) and (b), 16(2)(a) and (4), 17, 18(1),(2) and (4), 20(2) to (7), 23(1) and (3), 24(1), (2)(b) and (3), 25(1) and (2) and 26(1) of, and paragraphs 1(4), 3(2), 4(1)(a) and (c), (3) and (4) and 6(1)(b), (2) to (5), (7) and (8) of Schedule 1 and paragraphs 1 to 7, 8(1), 9, 10, 12 and 14 of Schedule 2 to, the Act, some of the enabling provisions under which these Regulations are made, were brought into operation on 1st July 2008 for the purpose of authorising the making of regulations and on 27th October 2008 for all other purposes by virtue of the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008 (S.R. 2008 No. 276 (C. 14)).

As these Regulations are made by virtue of, or consequential upon, provisions of Part 1 of the Act and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 8; section 5(1) was amended by Article 3(1) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I1993/1579 (N.I. 8)), Article 70 of, and paragraph 60(1) of Schedule 6 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and paragraph 4(4) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c.2(N.I.))

[^f00002]: S.I. 1998/1506 (N.I. 10)

[^f00003]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00004]: 2007 c. 2 (N.I.); see definitions of “employment” and “employed”, “period of limited capability for work” and “week” in section 24(1)

[^f00005]: Sections 167ZEA to 167ZEE are inserted by Articles 8 to 12 of the Work and Families (Northern Ireland) Order 2006 (S.I.2006/1947 (N.I. 16))

[^f00006]: Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I.2))

[^f00007]: 2004 c. 32

[^f00008]: Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I.1999/3147 ((N.I.))

[^f00009]: S.I. 1983/686; relevant amending instruments are S.I. 1984/1675 and S.I. 2001/420

[^f00010]: Section 70 was amended by Articles 2(2)(a) and 3 of S.R. 2002 No. 321

[^f00011]: S.I. 1995/755 (N.I. 2)

[^f00012]: The definition of “confinement” was amended by Article 4(b) of the Still Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10))

[^f00013]: S.R. 1999 No. 162

[^f00014]: 1945 c. 6 (N.I.)

[^f00015]: Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00016]: S.I. 1986/594 (N.I. 3)

[^f00017]: 1950 c. 29 (N.I.)

[^f00018]: S.I. 1996/1919 (N.I. 16)

[^f00019]: S.I. 2005/439

[^f00020]: 1999 c. 8

[^f00021]: S.I 1972/1265 (N.I. 14)

[^f00022]: S.I. 1991/194 (N.I. 1)

[^f00023]: S.I. 1994/429 (N.I. 2)

[^f00024]: S.I. 1992/1725 (N.I. 15)

[^f00025]: S.R. 2006 No. 405

[^f00026]: 1999 c. 33

[^f00027]: Section 122(1) was amended by Schedule 6 to Tax Credits Act 2002 (c. 21)

[^f00028]: S.R. 1987 No. 459

[^f00029]: S.I. 2003/431 (N.I. 9)

[^f00030]: S.R 1996 No. 198

[^f00031]: S.R. 1976 No. 175

[^f00032]: S.I. 1986/595 (N.I. 4)

[^f00033]: S.I. 2006/606

[^f00034]: S.I. 1983/686; Article 25A was inserted by article 3 of S.I. 1983/1164 and amended by article 4 of S.I. 1991/708

[^f00035]: 1993 c. 49; the definition “occupational pension scheme” was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005 (S.I 2005 No. 255 (N.I. 1)) and amended by regulation 2(2) of S.R. 2007 No. 457

[^f00036]: S.I. 1995/3213 (N.I. 22); paragraph 1 was amended by paragraph 28 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14 (N.I.)) and paragraph 4 of Schedule 3 to the Pensions Act (Northern Ireland) 2008 (c.1 (N.I.))

[^f00037]: The definition of “personal pension scheme” was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005

[^f00038]: 2004 c. 12

[^f00039]: Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6)

[^f00040]: 1967 c. 36: section 15(1) was amended by paragraph 75(c) of Schedule 16 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I 14)) and Article 32 (1) and (2) (c) of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

[^f00043]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I.1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00044]: 1993 c. 39

[^f00045]: 2007 c. 3

[^f00046]: S.R 2003 No. 459

[^f00047]: 2002 c. 21

[^f00048]: 1988 c. 1

[^f00049]: Sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00050]: 2003 c. 1

[^f00051]: S.I. 2006/3336 (N.I. 21)

[^f00052]: 1971 c. 80

[^f00053]: 2002 c. 11 (N.I.)

[^f00054]: S.I 1991/2628 (N.I. 23)

[^f00055]: The definition of “maintenance calculation” was inserted by paragraph 12(e) of Schedule 3 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

[^f00056]: 1954 c. 33 (N.I.)

[^f00057]: S.I. 2002/2005

[^f00058]: S.R. 1975 No. 113; regulation 9D was inserted by regulation 2 of S.R. 2001 No. 88

[^f00059]: 2007 c. 5

[^f00060]: 1971 c. 77

[^f00061]: S.R. 2007 No. 195

[^f00062]: S.I. 2008/529

[^f00063]: S.S.I. 2007/154

[^f00065]: S.I. 2006/1254 (N.I. 9)

[^f00066]: Section 125(1) was amended by paragraph 31 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I.12)) and paragraph 14 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I.1995/2705 (N.I. 15))

[^f00067]: Section 123(1) was amended by paragraph 13 of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995, paragraph 2 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and paragraph 96 of Schedule 24 to the Civil Partnership Act 2004 (c. 33)

[^f00068]: Section 126 was amended by paragraph 15 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and paragraph 98 of Schedule 24 to the Civil Partnership Act 2004

[^f00069]: Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199 and paragraph 4 was amended by regulation 33 of S.R. 1996 No. 358, regulation 4(1) of S.R. 2000 No. 74, regulation 3(3) of S.R. 2002 No. 80 and paragraph 1(g) of the Schedule to, S.R. 2002 No. 323 and regulation 3(3) of S.R. 2002 No. 80

[^f00070]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I.1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00071]: Article 11 was amended by paragraph 17 of Schedule 6 and Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00072]: Section 22(5) was amended by paragraph 5 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00073]: Article 18 was amended by paragraph 108 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I.1998/1506 (N.I. 10))

[^f00074]: S.R. 2000 No. 71

[^f00075]: S.R. 2005 No. 580

[^f00076]: 1953 c. 18 (N.I.)

[^f00081]: Cmnd. 9171

[^f00082]: Cmnd. 3906

[^f00084]: 2003 c. 1

[^f00085]: Part 12ZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by paragraph 269(2) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraph 103 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and Article 4 of, and paragraph 20 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)) and paragraph 1(7) of Schedule 7 and Schedule 8 to S.R.2006 No. 261

[^f00086]: Part 12ZA was inserted by Article 5 of the Employment (Northern Ireland) Order 2002 and amended by paragraph 268(2) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003, Articles 8 to 12 of, and paragraphs 9 to 19 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006 and paragraph 1(5) of Schedule 7 and Schedule 8 to S.R. 2006 No.261

[^f00087]: Relevant amending Rules are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 No. 365, S.R. 1990 No. 131, S.R. 1991 No. 338, S.R. 1992 Nos. 147 and 403, S.R. 1993 No. 373, S.R. 1994 No. 327, S.R. 1995 No. 86, S.R. 1996 No. 405, S.R. 1999 Nos.342, 381 and 472 (C. 36), S.R. 2000 No. 74, S.R. 2001 No. 78, S.R. 2002 No. 363, S.R. 2004 No. 163 and S.R. 2005 No. 458

[^f00089]: Article 146(4) was amended by Schedule 9 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 151(3) was amended by Article 32(2) of, and Schedule 9 to, the Employment Relations (Northern Ireland) Order 1999 and paragraph 2(6) of Schedule 5 to the Employment (Northern Ireland) Order 2003

[^f00090]: Section 112(3) was amended by Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I.16))

[^f00091]: S.I. 2001/1004

[^f00092]: See the Schedule to S.I. 1996/3182

[^f00093]: Section 6 was substituted by paragraph 2 of Schedule 10 to the Welfare Reform and Pensions Act 1999 (c. 30) and amended by section 81(3) of the Child Support, Pensions and Social Security Act 2000 (c. 19)

[^f00094]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00095]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I.1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00096]: S.R. 1975 No. 108

[^f00097]: 1925 c. 34

[^f00100]: Section 15 was amended by section 13 of the Limited Liability Partnerships Act 2000 (c.12), section 3(2) of the National Insurance Contributions Act 2002 (c. 19), paragraph 424 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5) and Article 4 of S.I. 2008/579

[^f00101]: Section 95 was amended by sections 44(6) and 50(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

[^f00102]: Schedule 9 was amended by sections 45(4) and 50(2) of the Nationality, Immigration and Asylum Act 2002

[^f00103]: S.R. 1987 No. 465; regulation 7(5) was added by regulation 5(3) of S.R. 1995 No. 367

[^f00104]: 1993 c. 49; the definition of “money purchase benefits” was amended by paragraph 19 of the Schedule to S.R. 2005 No.434

[^f00105]: S.R. 1988 No. 142; regulation 8 was amended by regulation 14(4) of S.R. 1992 No. 6, regulation 15(3) of S.R. 1996 No.289, Article 11(5) of S.R. 1999 No. 472 (C. 36), regulation 11(3) of S.R. 2001 No. 108, regulation 26(5) of S.R. 2003 No.191, regulation 6(3) of S.R. 2005 No. 46 and regulation 2 of S.R. 2005 No. 582

[^f00106]: 1994 c. 21

[^f00107]: Regulation 75(1) was substituted by regulation 8 of S.R. 1997 No. 541 and amended by paragraph 32(a) and (b) of Schedule 2 to S.R. 2000 No. 350 and sub-paragraph (a) was amended by regulation 2(4) of S.R. 2000 No. 197, regulation 5(a) of S.R.2001 No. 151 and regulation 2(4) of S.R. 2002 No. 275

[^f00108]: Regulation 75(1)(b)(ii) was amended by regulation 8(b) of S.R. 1998 No. 198

[^f00109]: Regulation 17A was inserted by regulation 4 of S.R. 1998 No. 198

[^f00110]: 1980 c. 46

[^f00111]: Regulation 75(1)(a)(v) was added by regulation 5(a) of S.R. 2001 No. 151 and amended by regulation 2 of S.R. 2007 No.262

[^f00112]: Regulation 19(3) was amended by regulation 3(2) of S.R. 1999 No. 501

[^f00114]: Section 8 was substituted by section 1(2) of the National Insurance Contributions Act 2002

[^f00115]: 2005 c. 5

[^f00116]: 2003 c. 1

[^f00117]: Section 72 was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 11 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

[^f00118]: Section 72A was inserted by Article 18 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) and amended by paragraph 112 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 4(9) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[^f00120]: S.I. 1993/2810 (N.I. 12); Article 30 was amended by Schedule 4 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) and Article 11(2) of the Colleges of Education (Northern Ireland) Order 2005 (S.I. 2005/1963 (N.I. 13))

[^f00121]: S.I. 1997/1772 (N.I. 15)

[^f00122]: 1992 c. 13

[^f00123]: 1980 c. 44; section 74(1) was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39)

[^f00124]: 2000 c. 21; section 5 was amended by section 178(2) of the Education Act 2002 (c. 32), section 6 was amended by section 34(7) of the Special Educational Needs and Disability Act 2001 (c. 10) and section 9 was amended by section 176(2) of the Education and Inspections Act 2006 (c. 40)

[^f00125]: Article 3 was amended by Schedule 9 to the Education Reform (Northern Ireland) Order 1989 (N.I. 20))

[^f00126]: 2002 c. 32

[^f00127]: 1973 c. 65; section 123 was substituted by paragraph 92(28) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39)

[^f00128]: 1965 c. 4

[^f00129]: Section 138 was substituted by section 2(2) the Child Benefit Act 2005 (c. 6)

[^f00130]: S.R. 2007 No. 195

[^f00131]: S.I. 2008/529

[^f00132]: S.S.I. 2007/154

[^f00133]: The amounts in Schedule 6 are amended by the Schedule to S.R 2008 No. 254

[^f00134]: S.I. 1998/1760 (N.I. 14); Article 3 was amended by section 147(3) of the Learning and Skills Act 2000 (c. 21), paragraph 238 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 147(4) of the Finance Act 2003 (c. 14) and Article 11(1) of the Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116 (N.I. 5))

[^f00135]: 1998 c. 30; section 22 was amended by section 146(2) of the Learning and Skills Act 2000

[^f00136]: 1980 c.44; section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 (c. 30) and section 3(2) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and amended by section 3(3) of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 and section 74 was amended by paragraph 8(17) of Schedule 10 to the Self-Governing Schools etc. (Scotland) Act 1989

[^f00137]: S.I. 2007/153

[^f00138]: Article 51 was substituted by Part 2 of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

[^f00139]: 1992 c. 13; section 65 was amended by section 27 of the Teaching and Higher Education Act 1998

[^f00140]: S.I. 1990/1534 (S. 157)

[^f00141]: S.I. 1981/1675 (N.I. 26)

[^f00142]: Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I.8)) Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2)) and Article 7 was amended by section 121(1) of the Immigration and Asylum Act 1999 (c. 33) and section 46(6) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

[^f00143]: Article 14A was inserted by paragraph 2(1) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I.1992/3204 (N.I. 20))

[^f00144]: S.I. 1991/194 (N.I. 1); paragraph 13 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))

[^f00145]: 1953 c. 18 (N.I.)

[^f00146]: S.R. 1989 No. 253

[^f00147]: 1955 c. 18

[^f00148]: 1955 c. 19

[^f00149]: 1957 c. 53

[^f00150]: 1968 c. 34 (N.I.)

[^f00151]: S.I. 1977/1250 (N.I. 17)

[^f00152]: S.I. 1978/1045 (N.I. 15)

[^f00153]: S.I. 1980/563 (N.I. 5)

[^f00154]: S.I. 1987/2203 (N.I. 22)

[^f00155]: 2001 c. 17(N.I.); section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[^f00157]: 1884 c. 31

[^f00158]: 1968 c. 20

[^f00159]: S.I. 1998/1504 (N.I. 24); Article 45 was amended by paragraph 19 of Schedule 11 to the Justice (Northern Ireland) Act 2002 (c. 26)

[^f00160]: S.R. 1987 No. 465; relevant amending Rules are S.R. 1989 No. 398, S.R. 1993 No. 375, S.R. 1999 No. 472 (C. 36), S.R.2005 No. 46 and S.R. 2006 No. 168

[^f00161]: 1966 c. 6 (N.I.)

[^f00162]: 1975 c. 15

[^f00163]: S.R. 1979 No. 242

[^f00164]: Sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986

[^f00165]: Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I.1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

[^f00167]: 2001 c. 17 (N.I.); section 6 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 45(1) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[^f00168]: S.R. 2000 No. 71; regulation 2 was amended by paragraph 1(s) of the Schedule to S.R. 2002 No. 323 and regulation 6 of S.R. 2003 No. 421

[^f00170]: Paragraph 16 was amended by paragraph 4(4)(a) of Schedule 2 to S.R. 2006 No. 407

[^f00171]: Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301 and paragraph 17 was amended by paragraph 1(4)(a) of Schedule 2 to S.R. 2006 No. 407

[^f00172]: S.R. 2003 No. 28; paragraph 12 was amended by regulation 5(4)(i) of S.R. 2006 No. 128 and paragraph 13 was amended by paragraph 11(4)(b) of Schedule 2 to S.R. 2006 No. 407

[^f00173]: Paragraph 5A was inserted by regulation 2 of S.R. 1994 No. 138

[^f00174]: Regulation 75(1) was substituted by regulation 8 of S.R. 1997 No. 541 and amended by paragraph 32(a) and (b) of Schedule 2 to S.R. 2000 No. 350 and sub-paragraph (a) was amended by regulation 2(4) of S.R. 2000 No. 197, regulation 5(a) of S.R.2001 No. 151 and regulation 2(4) of S.R. 2002 No. 275